PIRAMAL ENTERPRISES LTD, MUMBAI V. ASST CIT (TDS) 2(2), MUMBAI

ITA 6591/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 92527 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-05-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 08-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PARMANAND J
• Assessee Lawyers: WITHDRAWAL LETTER DTD

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI . . , . , BEFORE SHRI I.P. BANSAL, JM AND RAJENDRA, AM ./ I.T.A. NO.6591/MUM/2013 ( / ASSESSMENT YEAR : 2010-11 PIRAMAL ENTERPRISES LIMITED, (EARLIER KNOWN AS PIRAMAL HEALTHCARE LIMITED) PIRAMAL TOWER, GANPATRAO KADAM MARG, LOWER PAREL, MUMBAI 400 013. / VS. ASSTT. COMMISSIONE R OF INCOME TAX (TDS)-2(2), ROOM NO.702, 7 TH FLOOR, KG MITTAL AYURVEDIC HOSPITAL, MUMBAI 400 002. ./ ./ PAN/GIR NO. : AAACN 4538P ( / APPELLANT ) .. ( / RESPONDENT ) A PPELLANT BY WITHDRAWAL LETTER DTD. 13/5/2015 RESPONDENT BY SHRI PARMANAND J. ' #$ / DATE OF HEARING : 14/05/2015 ' #$ / DATE OF PRONOUNCEMENT : 14/05/2015 / O R D E R PER I.P.BANSAL, J.M: THIS IS AN APPEAL FILED BY THE ASSESSEE AND IT IS DIRECTED AGAINST ORDER PASSED BY LD. CIT(A) DATED 20/08/2013 FOR ASSESSME NT YEAR2010-11. GROUNDS OF APPEAL READ AS UNDER: 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND I N LAW, THE HON'BLE COMMISSIONER OF INCOME TAX (APPEALS)-14, MUMBAI ('T HE CIT(A)') ERRED IN DISMISSING THE APPEAL FILED BY THE APPELLANT, AGAIN ST THE INTIMATION U/S 200A OF THE INCOME TAX ACT, 1961, ('THE ACT') BY HOLDING IT INVALID. 2. THE APPELLANT IS DENYING IT'S LIABILITY TO BE A SSESSED UNDER THE ACT IN RESPECT OF DEMAND RAISED PURSUANT TO INTIMATION U/S 200A AND THEREFORE, PRAYS THAT, THE APPEAL FILED BY THE APPELLANT TO TH E CIT(A) AGAINST THE INTIMATION U/S 200A OF THE ACT IS MAINTAINABLE AND CIT(A) BE DIRECTED TO DISPOSE THE SAME ON MERITS. ./ I.T.A. NO.6591/MUM/2013 ( / ASSESSMENT YEAR : 2010-11 2 3. WITHOUT PREJUDICE TO THE ABOVE, THE APPELLANT HA D APPROPRIATELY DEDUCTED THE TAX DEDUCTIBLE AT SOURCE AND DULY PAID TO THE G OVERNMENT TREASURY AND THEREFORE THERE IS NO DEFAULT ON ACCOUNT OF NON - P AYMENT OF TAX ON THE PART OF THE APPELLANT. 2. THE GRIEVANCE OF THE ASSESSEE IN THE PRESENT APP EAL WAS AGAINST DEMAND RAISED BY ACIT (TDS) FOR SHORT DEDUCTION OF TAX OF RS.5820/-AND INTEREST OF RS.930/- THEREON. THE ASSESSEE HAS FIL ED LETTER DATED 13/5/2015 SEEKING PERMISSION TO WITHDRAW THIS APPEAL ON ACCO UNT OF SMALLNESS OF THE TAX INVOLVED . 3. LD. DR DID NOT HAVE ANY OBJECTION TO SUCH REQUES T OF THE ASSESSEE. IN THIS VIEW OF THE SITUATION, AFTER HEARING LD. DR, WE PERMIT THE ASSESSEE TO WITH DRAW THE APPEAL. ACCORDINGLY, THE APPEAL FILE D BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 14/05/2015 ' * +, 14/05/2015 ' SD/- SD/- (RAJENDRA) . . (I.P.BANSAL) /ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI; + DATED 14/05/2015 !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. /# ( ) / THE CIT(A)- 4. /# / CIT 5. 01 #23 , $ 23 , / DR, ITAT, MUMBAI 6. 4 / GUARD FILE. / BY ORDER, 0# # //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI . . .VM , SR. PS